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HomeMy WebLinkAbout2012-03-13-RTB DRAFT
Town of Ulysses
Regular Town Board Meeting
March 13 , 2012
Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler,
David Kerness, Deputy Supervisor Sue Poelvoorde; Environmental Planner Darby Kiley,
Highway Supervisor Jim Meeker, Historian Nancy Dean, Zoning/Planning Secretary
Robin Carlisle Peck.
Absent: Kevin Romer
Public : Diane Hillman, Bill George
Supervisor Marino called the meeting to order at 7 : 00 p.m. She stated the agenda had
been sent as well as other documents to review at the meeting . She asked if the members
had their items . They acknowledged they did. She distributed the agenda to the public
attendees .
REVIEW RULES OF PROCEDURE FOR MEETINGS
Ms . Marino stated after the last meeting she reviewed the structure and determined the
Board needed to follow the procedure for successful meetings . The basics she would like
to mention are the length of time allocated to specific items, need to approve the agenda
at the beginning of the meeting, if the Board would like to continue discussion a motion
to continue should be made, members need to raise their hand and be acknowledged by
the supervisor before speaking, members should not speak simultaneously, Board
decorum should be in place at all times, be respectful of each other. She stated she would
like to present the agenda with an addition of Nancy Dean the Historian after the Village
Representative .
Ms Tyler stated she had requested the policy as presented by the Association of Town
magazine be put on this agenda. She appreciates how full this agenda is but would insist
this be added as the first item at the next meeting . The members agreed this should be
reviewed.
APPROVAL OF MEETING AGENDA
Ms Marino moved, seconded by Ms Thomas the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the agenda
with additions for the meeting 03 / 13 / 12 .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Adopted
BUDGET MODIFICATIONS
Ms Marino presented the following modifications with explanations .
A Fund
Appropriation line 1110 .4 Town Justice CE increase $ 11 , 847 . 00
Appropriation line 1011 . 1 Admin Asst PS increase $ 2, 176 . 00
Appropriation line 1220 . 11 Deputy Supervisor PS increase $ 2 , 176 . 00
Appropriation line 1910 . 4 Unallocated Insurance increase $ 325 . 00
Appropriation line 7310 . 1 Youth Prog PS increase $ 2, 175 . 00
$ 18,699. 00
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Revenue line 0599 Approp Fund Balance increase $ 11, 847. 00
increase $ 2, 175. 00
increase $ 325. 00
0599 Approp FB total increase $ 14,347.00
Revenue line (new) 2680 Insurance Recovery increase $ 4,352 . 00
$ 18 ,699 . 00
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Ms Marino moved, seconded by Ms Thomas the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the budget
modifications as presented.
Ms . Marino aye
Ms . Thomas aye
Ms. Tyler I aye
Mr. Kerness aye
Adopted
APPROVAL OF CLAIMS
Ms . Marino made the motion, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the vouchers
numbered 63 to 120 for a total of $44544 . 88 for 2012 .
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Ms . Marino aye
Ms . Thomas � aye 1
Ms . Tyler aye
Mr. Kerness aye
Adopted
APPROVAL OF MINUTES
Ms Marino presented the minutes as edited by Ms . Poelvoorde for the 1 -23 - 12 STB , 2-
14- 12 RTB , and the 2 -28 - 12 PH, STB .
Ms Marino made the motion, seconded by Ms Thomas the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of
01 -23 - 12 , 02- 14- 12 and 02-28 - 12 with the edits .
Ms. Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
AdoptedREPORTS OF REPRESENTATIVES
TOMPKINS COUNTY : BOARD (Jim Dennis) not present
TRUMANSBURG FIRE DEPARTMENT & EMS not present
TRUMANSBURG VILLAGE not present however Ms . Thomas had attended their last
meeting . She mention the Town had researched and determined they could not form
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an ambulance district in time for this tax year. The Village had asked what the options are
and she stated a shared services agreement, contract with Bangs, or an extension of the
current contract. Ms Nottke also mentioned that the $2000 shortfall for the Youth
Services budget was straightened out but the Village has yet to show an accounting of
funds spent on Youth Services .
TOWN HISTORIAN :
Ms Dean stated she had reviewed the historical markers and determined there would be 9
to be taken down, sanded and painted andasked if this would be a job the highway
department could take on . She spoke with other towns ' that did this and they found the
blue and yellow automotive paint would sustain weather the best.
Ms Thomas made the motion, seconded by Ms Marino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve renovation of
the Town Historical markers, the highway department will assist as needed and the Town
will cover the cost of supplies .
Ms. Marino aye
Ms . Thomas aye
Ms. Tyler aye
Mr. Kerness aye
Adopted
WATER RESOURCE COUNCIL
Mr. George stated he had attended the meeting the two areas of concern are Hydrilla and
finding . The Hydrilla is especially worrisome as it could spread up the lake and into the
other adjoining lakes . He did attend the Streams Committee meeting, they had a speaker
from the USGS that presented a high tech mapping tool . It would provide valuable
information as to projected impacts to streams . USGS is funding a match for an aquifer
study. The Wetlands Committee is working on a wetlands law template for
municipalities.
Ms Marino stated she appreciated Mr. George ' s information, she was not sure for the
future if they would want to report monthly or quarterly and via email or in person. The
Board will discuss and advise him how to proceed .
7 : 30 PRIVILEGE OF THE FLOOR
Ms . Hillman stated she would like to make the Town Board aware the church next to her
residence is in bad shape . The one side in particular has wood siding off with insulation
coming through. About 10 years ago Historic Ithaca evaluated the building for
maintenance . They reported the building could be salvaged as long as regular
maintenance was done . This is one of the few properties left from a particular bad period
of Jacksonville ' s history. Exxon Mobil owns this property. The last time she had contact
with them they advised her they would be selling the property. To date she has seen no
indication of this. The Jacksonville Community Association would like to have the
building and land donated they hope they could obtain funding for maintenance due to
the Historic status .
Mr. Kerness asked if the historic status of this building is known.
Ms . Dean stated she believed it is on the New York State Register but not the Federal
register.
Ms . Geldenhuys noted the Zoning is weak for external upkeep requirements . She would
suggest the review the historical aspect.
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Ms . Hillman reported she had contacted them several years ago about the roof and they
were responsive then.
Ms Marino stated the Town would be willing to write a letter or do what they can to
facilitate upkeep of this building . She asked Ms . Dean and Ms . Hillman to research and
report back the historic information and other contact information they have. Both agreed
they would get back to the Board.
TOWN REPORTS 1
PLANNING BOARD / ZONING OFFICER
Ms . Kiley pre j ented the following :
Planning Board Report from March 6 , 2012
The PB discussed the Conservation and Lakeshore Zoning language — focusing on some
steep slope isues and thresholds for site plan review.
No BZA meeting in February, but they will be meeting on March 21 to hear 5 appeals .
Stormwater
Tomorrow is the Stormwater program audit/inspection. A Stormwater Management
Program Plan was drafted and should be reviewed at a future Town Board meeting.
Other
Darby attended the Tompkins County Hazard Assessment at Tompkins County Health
Department . The purpose of the workshop was to identify and prioritize our community's
most significant hazards . New York State Emergency Management Office (SEMO)
facilitated the Hazard Identification and Risk Assessment (HIRA) program.
Wetlands
A question came up at a Planning Board meeting regarding wetland areas the might fall
under NYS jurisdiction. Darby spoke with someone at DEC to find out about the
procedure for changing wetland maps . The procedure includes notification to landowners
for access to property, wetland delineation to determine the boundaries , holding a public
hearing and getting public comments before the wetland is added to the maps .
REMINDER: Development Focus Areas Strategy for Tompkins County
The County H411 present on March 27 at 7PM .
HIGHWAY SUPERINTENDENT
Mr. Meeker stated they had plowed and salted as needed. Hauling stone and completed
the high intensity warning signs on the East Side of Route 96 . They have had several
windy nights thus the crew spent a number of days clearing branches from the roads . The
Seneca Road Bridge project is good to go . The Town and County are removing trees, the
land is owned] by Robert Weatherby and he is aware of the project. He does not see an
issue purchasing the right of way lands needed for this project. Once the County
Surveyor does review they will contact TG Miller, he approximated the amount of
land needed to be about a half acre . Once that work is done he will have Ms Geldenhuys
handle the purchase .
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TOWN CLERK no report
CODE ENF 0 RCEMENT OFFICER no report
SUPERVISOR
Ms Marino distributed the Operating Statement. She has received a request from the
Town Justices to employ Angela Champion additional hours per week. They have had an
abnormally lairge caseload . She has been very helpful and conscientious of her work
hours . The total cost is estimated to be about $ 1000 . They discovered they have the
enhanced disability. policy thus are reimbursed up to $ 340 per week for their employees.
This has helped offset the temporary work done to date.
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Ms Marino made the motion, seconded by Ms Thomas the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve additional
funds to compensate the temporary Court Clerk as requested by the Town Justices .
Ms . Marino aye
Ms . Thomas aye
Ms. Tyler aye
Mr. Kerness aye
Adopted
Ms Marino stated the year end reports are compiled and available in binders in the Town
Clerk and Town Supervisor' s offices . Solar Liberty looked at the Town Hall for the solar
project. It was noted the shingles on the roof are dated. Mr. Rachun stated he believed
the shingles were already 20 years old. They determined they should consider replacing
the roof prior to applying the solar panels . Mr. Rachun agreed to look into pricing for this
work to be done . If over $35 ,000 would have to have competitive pricing . She noted Mr.
Meeker would be taking the lead on the Town Barns . Mr. Meeker stated Ken Thompson
had contacted him but no one but the solar company has . They had discussed ground
panels however there are trees that would have to be removed. The trees are not on the
town barn property. He is also concerned as the plan Mr. Thompson had were for the old
barns . Mr. Meeker is contacting the contractor that built the new barns .
DEPUTY SUPERVISOR
Ms Thomas stated she had a brief report from the gas drilling task force regarding
taxation. She would leave the report as a reference in the conference room.
There is a speaker series on the 22nd in the Borg Warner Room at Tompkins Library at 5
pm .
TCCOG has requested their gas drilling task force draft a letter and resolution regarding
the use of brine in the county .
The Association of Town Business meeting passed all but one of the resolutions she
presented at last months meeting . They did not pass the Surcharge on Justices . They did
add two resolutions that were not printed in the Association of Towns (AoT) newsletter. .
The new resolutions and information were not available on the AoT website .
Ms. Thomas attended a session at the AoT meetings about the dissolution of Seneca
Falls, it is a very complex process, and oftentimes they would encounter problems they
had not even considered in the planning stage e . g . the police force, processing of merger-
debts/assets .
TCCOG is working on potential cell towers locations . As the use of cell phones is
increasing the demand for towers to be erected will also incresase . There is health risks
associated with cell towers. Co-location of towers on buildings has been an issue . The
municipality has to allow unless a hazard to the town.
TCCOG is engaging with a consultant who contracts with a municipality to review their
cable contracts . The company representatives are billing specialists who find uncollected
fees.
Ms. Thomas feels the Town work with this group to negotiate the renewal of the cable
contract.
TOWN BOARD MEMBERS AND COMMITTEES
EMC
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Ms Tyler stated they did a strategic planning session. Three items currently are reduce
the use of plastic bags, encourage composting-solid waste pickup of food scraps, better
distribution of information on invasive species, monitor and education about
hydrofracking . Svante Myrick introduced and spoke at this meeting . He stated is
interested in conserving and maintaining the city environment. He would like to have the
city reduce energy use by 80% by 2015 . He would like to encourage housing in transit
hubs, increase use of public transit, car share, bike paths, etc .
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OLD BUSINESS
COMPLIANCE WITH NEW OPEN MEETING LAW
Ms Marino presented the language and resolution for the open meeting law requirements .
Add to the agenda :
" In compliance with the Public Officers Law section 103 and in the interests of fostering
citizen understanding of issues and participation in Town governance, the Town Clerk
will provide materials pertaining to any item on the agenda of a public body prior to the
meeting upon 'request and as available at the time of the request, from 8 : 30 a.m. to 4 : 00
p .m. up to and including the day of the public body ' s meeting. Please indicate the desired
format for the materials (electronic or hard copy) . A small number of extra copies of
materials to be discussed at the meeting (unless the documents are extremely lengthy)
will be available at the meeting and available upon request to the Town Clerk the day
after the meeting . Hard copies of documents in excess of 5 (?) pages may have a per-
page charge .
Add to the website (small type somewhere) :
" This website is updated periodically but not regularly and routinely each day. Contact
Liz Thomas (?) or Marsha Georgia(?) with problems "
Ms Thomas stated she felt this was a good foundation to start. They could add more as
they decide .
Ms Marino made the motion, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Open
Meeting wording as outlined above be incorporated into the Town procedures .
Ms . Marino aye
Ms . Thomas I aye
Ms . Tyler ! aye
Mr. Kerness aye
Adopted i
EMS
Ms Marino stated they have to make a decision on basic information for public info
meeting & date . Without an ambulance district formed in time in 2012 , the choices left
for 2013 are to either , create a shared services agreement with the Village, extend the
current contract with the Village, or use Bangs . The members discussed at length and all
appreciate the idea of brainstorming but concerned taking the time to do that would be
detrimental . The need to get information out to the public and gather input is crucial on
how to proceed. The members decided to set the date for the Public Information meeting -
as April 17' or April 18th, Ms Marino will verify dates with Mr. Romer. The members
agreed they should send postcards and put poster/flyers in public venues such as the
library, post office , etc . They reviewed their options and agreed they are limited . They
need to finalize the PowerPoint presentation and prepare a one page handout for details
on options .
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Ms Thomas is concerned with who would be presenting the information she stated she
felt the person that presents the information should be finalizing the PowerPoint
presentation. Each individual evaluates and prepares information differently. All of
members have seen and will continue to be able to provide input, however she is
concerned they will not be able to move forward . They are in a critical time to take
action.
Ms Thomas made the motion, seconded by Ms Tyler
BE IT RESOLVED that the Town Board of the Town of Ulysses approve allowing the
presenter of the PowerPoint presentation for EMS services final approval of content.
Ms. Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness nay
Adopted
TOWN HALL MAINTENANCE CONTRACT
Ms Marino made the motion, seconded by Mr. Kerness the following :
WHEREAS occasionally the Town Hall is in need of maintenance and repairs, and
WHEREAS said repairs should be done in a safe and professional manner by contractors
who are skilled in their trade and are properly insured, and
WHEREAS the Town has requested and reviewed bids from qualified professionals.
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses accepts
the proposed maintenance contract from Mainstay Builders for maintenance and repairs
to the Town Hall that are beyond what can be reasonably done by Town Hall staff with
the exception of those to the heating and air conditioning system.
BE IT ALSO RESOLVED that the contract with Mainstay Builders be amended to have
a termination date of 12/31 /2012 and a provision for a 60-day payment period,
BE IT ALSO RESOLVED that the Town Board authorizes Supervisor Marino to sign the
contract with Mainstay Builders .
BE IT ALSO RESOLVED that any heating, air conditioning, plumbing and electrical
work be done by a person properly certified in that field as approved by the Town
Supervisor on the recommendation of the Code Enforcement Officer.
Ms . Marino aye
Ms. Thomas aye
Ms . Tyler nay
Mr. Kerness aye
Adopted
PRIVILEGE OF THE FLOOR-no comments offered
NEW BUSINES
SHARED SERVICES GRANT FOR HIGHWAY
Ms Marino stated she had been contacted by Don Barber who had conducted meetings
with others to develop this grant. They felt it would be an efficient/cost effective system
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to implement as some towns do not have as much equipment or people . She had
distributed the', resolution to participate .
Mr. Meeker stated he had not been approached about this before, they had reviewed these
years ago and he feels it is a waste of time . He is also concerned as this is between the
Town Supervisor and the Town Highway Supervisor' s . He had been to road use meeting
but nothing was mentioned regarding intermunicipal shared services .
Ms Marino stated Don Barber had advised her Mr. Meeker had been going to meetings
where this was discussed .
Mr. Kerness as' ked if they could table this until Mr. Barber could meet with the Highway
Superintendanits .
Ms Marino stated there is a deadline to file the application, they need the resolution to by
March 16th to participate .
Mr. Marino made the motion, seconded by Ms Thomas the following :
WHEREAS , the New York State Department of State has available funds for the 2011 -
2012 Local Government Efficiency Grant Program, and
WHEREAS , this grant program can assist the Town of Ulysses in identifying
opportunities to cooperate with other local governments in the area to reduce the cost of
providing services, and
WHEREAS , the cost to maintain local roadways and bridges represents a large share of
all municipal and county budgets and property tax levies, and
WHEREAS , at a time when the cost to maintain highway infrastructure is growing
rapidly and local budgets are tightly constrained, it is increasingly difficult to maintain
basic highway infrastructure at a cost that can be supported by local budgets, and f
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WHEREAS , the Town of Ulysses and its Local Municipal Highway Department would
benefit from reducing the cost of adequately repairing and maintaining these roadways,
and
WHEREAS , a study to evaluate the County and Local Road System and identify areas
where inter-miunicipal cooperation, shared services, or redistributions of responsibilities
could result is a more efficient system of providing quality highway services and lower
costs for the repair and maintenance of existing roads, and
WHEREAS , the Town of Ulysses on behalf of its citizens, supports this effort and grant
application for approximately $ 100,000, with a required local cash match of 10% that
shall be allocated among the participating municipalities .
RESOLVED , that the Town of Ulysses supports the County and Local Road Local
Government Efficiency Grant Program application, and
FURTHER RESOLVED , that the Town of Ulysses agrees, if awarded, to participate and
assist in all phases of the County and Local Road Shared Service Local Government
Efficiency Grant Study.
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler abstain
Mr. Kerness abstain
Motion failed
PROPOSED EMPLOYEE BUS PASS BENEFIT
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Ms Thomas made the motion, Mr. Kerness seconded the following :
WHEREAS , the Town of Ulysses seeks to encourage the use of the Tompkins County
Area Transit (TCAT) system to help reduce traffic, petroleum use, air pollution and
greenhouse gases, and
WHEREAS , due to recent funding cuts, TCAT was required to increase it fares which
provides a disincentive for users to ride the bus, and
WHEREAS , a subsidized bus pass employee benefit provides an incentive to encourage
increased use of the TCAT system,
THEREFORE BE IT RESOLVED that the Town of Ulysses offers a Bus Pass Benefit to
its employees as follows :
A Bus Pass Benefit is available to all Town of Ulysses who travel to and from work
at any town office (town hall or highway barn) primarily during the regularly
scheduled hours of the TCAT bus service .
The value of the benefit paid shall not exceed the 50% of an annual Zone 2 bus pass .
Employees not using the bus service on a regular basis are encouraged to purchase
15 -ride cards as needed rather than an annual bus pass . The town will reimburse
employees 50% for ride cards and will purchase the annual pass for the employee .
A written request for the Bus Pass Benefit needs to be made to the Supervisor ' s
Office .
BE IT FURTHER RESOLVED that the Town Clerk update the Town of Ulysses
Personnel Policy with the Bus Pass Benefit language from this resolution and provide a
copy to all employees .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Adopted
RIFLE HUNTING
Ms . Thomas made the motion, seconded by Ms . Tyler the following :
WHEREAS the Tompkins County Legislature has been asked to request from the State
permission for hunters to use rifles to hunt big game within the County and
WHEREAS rifles have the capability to shoot bullets that can travel miles in distance
compared to the shorter distance of the currently allowed shotguns and
WHEREAS shotguns have the advantage of requiring closer contact with the intended
target, thus improving better identification of the target and what is behind it and
WHEREAS for decades hunters have successfully used shotguns for killing big game and
WHEREAS there is no compelling need to introduce longer-shooting rifles for big game
and
WHEREAS the Town of Ulysses, while relatively rural , has residential properties in
close proximity to hunting areas which creates a safety issue from the possibility of
people and property being affected by stray bullets and
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WHEREAS the use of rifles may prompt some property owners to deny access to their
land for hunting thereby potentially leading to an increase in already high deer
populations .
Now therefore be it
RESOLVED that the Town Board of the Town of Ulysses expresses its opposition to
permitting big game hunting with rifles in Tompkins County and
FURTHER RESOLVED that the Town Board recommends to the County Legislature
that it not request permission from the State to allow big game hunting with rifles and C
FURTHER RESOLVED that this resolution be immediately conveyed by the Town
Clerk to the Tompkins County Legislature .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Adopted
REVISION TO RULES OF PROCEDURE FOR MEETINGS
Ms Marino stated she would like to table this until the next meeting due to the length of
this meeting . The members agreed this would be acceptable. She noted that they are
inconsistent at times . She informed the members she had ordered Roberts Rules of Orders
for the each member however they had not arrived yet . Ms . Marino will distribute her
edits for others to review.
Ms. Marino noted at this point the agenda for the next meeting of March 27th would be
Joan Jerkowicz, Computer Security Policy and the EMS Presentation. The members r
agreed this is the agenda to date .
Mr. Kerness asked what the dollar amount of the donation for legal services is to date . Ms
Marino stated she would get the donation amount from the Ms . Bouchard for the next
meeting .
Ms. Thomas made the motion, seconded by Mr. Kerness to adjourn. The meeting was
adjourned at 91: 43 pm.
Respectfully siubmitted,
Robin Carlisle Peck
Zoning/Plannng Secretary
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